October 1, 2009
DEADLINE DOUBLES ON PRODUCT SUITS
A law taking effect Thursday doubles the time limit on lawsuits over defective products.
The state has a so-called statute of repose, which states that a consumer cannot sue a manufacturer over a defective product if the defect occurred six years after the product was originally sold.
In real world terms, this means if a car crash happens because of a manufacturing or design defect, the consumer injured by the crash can't sue if the car was first sold more than six years ago. The clock starts with the first sale to any consumer, not just when the current owner bought it.
Other states have no time limit and by doubling its limit to 12 years, North Carolina still has one of the shortest, said Jay Trehy, a Raleigh lawyer who lobbied for the change.
"All that North Carolina did was join the 20th century a little bit late," Trehy said. "It gives North Carolina citizens the same civil justice rights as are found across our borders."
-----
Trehy has represented Elaine Gorski, a Carrboro resident who became quadriplegic when her 1997 SUV rolled over. Another state resident who had a similar accident received a settlement from the car's manufacturer. Gorski's accident happened six years and four months after her car was originally sold and she received nothing.
Plaintiffs would still have to prove the product was in substantially the same condition as when the manufacturer built it, which limits the numbers of cases that could be successful, Trehy said.
"We're not opening the courthouse to a floodgate of lawsuits. We're just giving equal access," he said.
Copyright 2009, The News & Observer Publishing Company
http://projects.newsobserver.com/under_the_dome/deadline_doubles_on_product_suits
View All News Articles